GILBERT ONWUKA & ORS. V. MICHAEL EDIALA & ANOR
(1989) JELR 49545 (SC)
Supreme Court
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SC.18/1987
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20 Jan 1989
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Nigeria
Coram
ANDREWS OTUTU OBASEKI JSC;
MUHAMMADU LAWAL UWAIS JSC;
CHUKWUDIFU AKUNNE OPUTA JSC;
ABUBAKAR BASHIR WALI JSC;
EBENEZER BABASANYA CRAIG JSC;
Appearances
Chief M. I. Ahamba For Appellant
Chief I. A. Onyeama For Respondent
Judgement
<p><strong>WALI, J.S.C. (Delivering the Leading Judgment): </strong>In the trial Court the two actions filed by the opposing parties contesting the ownership of the same piece of land, though ascribing to it different names, were consolidated. </p><p> In suit No. HOG/9/85 filed by the plaintiffs for themselves and on behalf of Umuezeafor Kindred of Ohaji/Egbema/Oguta Local Government Area, as per their paragraph 9(a) of their Statement of Claim, the plaintiffs claim the following reliefs against the defendants:- </p><p> "(a) Declaration that the piece of land known and called "NWAOKPEKWE" land annual value N20.00 situate at Obile Ohaji in the Oguta Judicial Division and more particularly shown in plan No.ECIS/1162/81 dated 20th of May, 1981 has been in the customary possession of the plaintiffs who are consequently entitled to customary right of occupancy.</p><p> (b) N500.00 general damages for trespass to the said land.</p><p> (c) Injunction restraining the defendants by themselves, their servants and agents from entering the said…</p>